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(영문) 제주지방법원 2018.11.28 2018고단1381
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal records] On May 14, 2018, the Defendant was sentenced to one year and four months of imprisonment for fraud at the Jeju District Court, and appealed on September 7, 2018, and the said judgment became final and conclusive around that time.

[2] On November 16, 2017, when the Defendant sent money to the victim E at the “D” office operated by the Defendant on the Jeju-si and the first floor, the Defendant expressed to the effect that the Defendant would purchase the right to return to and from Jeju-do and make a promise for siren and accommodation.

However, the defendant used travel expenses received from a customer who has entered into a travel contract for other purposes, such as personal debt repayment, office operation expenses, etc., due to the management aggravation of the above travel agency at the time, and operated the above travel agency by using the so-called "return prevention" method, which is appropriated for the travel expenses received from the customer who entered into the contract later, and not only bears a large amount of liability under the bad credit standing but also has no intention or ability to purchase the airline ticket, etc. normally even if he has not received the above payment from the victim due to the lack of special property or other income.

Nevertheless, the Defendant by deceiving the victim and transferred the sum of KRW 1,092,80 to the Agricultural Cooperative account under the name of I, for the same day, from four persons, such as F, G, H, etc. who are the conduct of the victim and the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A detailed statement of transfer of damaged money;

1. Details of Kakao Stockholm messages sent and received with the suspect;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report criminal investigations (reports attached to relevant judgments);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39(1) of the Exempted Criminal Code (the defendant's mistake is recognized).

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